New Delhi: Hearing a petition filed by the veteran Congress leader N D Tiwari, the Delhi High Court on Friday ruled he cannot be compelled togive blood sample for his DNA test to determine a city youth's paternity. But court observed that Tiwari’s persistent refusal can lead to the presumption that he is his father.

Justice Geeta Mittal said, “The impact of this refusal by Tiwari while evaluating the evidence produced by parties, ...may be treated as corroborative evidence leading to the presumption that the result of DNA profiling of the defendant's blood sample would have supported the plaintiff's (Rohit Shekhar) claim of being Tiwari's biological son."

The High Court decision came on the petition filed by Tiwari saying that he should not be compelled to give blood sample for his DNA test.

"Tiwari cannot be physically compelled or confined for submitting a blood sample for DNA profiling to implement its December 2010 judgment," conceded Justice Gita Mittal while deciding 85-year-old Tiwari's plea challenging the December 23, 2010, order of the high court which had asked him to give his blood sample for DNA test.